United States of America v. Real Property located at 12711 Highway 89, Sierraville, California, Sierra County

Filing 13

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 6/25/10 ORDERING that the Office of the Federal Defender is authorized to represent Pltf Dale R. Frisbey. (Owen, K)

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DANIEL J. BRODERICK, #89424 Federal Defender TIMOTHY ZINDEL, Bar #158377 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: [phone]

Attorney for Claimant DALE R. FRISBEY

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 12711 ) HIGHWAY 89, SIERRAVILLE, ) CALIFORNIA, SIERRA COUNTY, APN: ) 018-050-03, ) ) Defendant. ) ) _______________________________ )

No. 2:10-CV-01116 MCE-KJM STIPULATION AND ORDER APPOINTING COUNSEL FOR CLAIMANT DALE FRISBEY

Judge: Hon. Morrison C. England

IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and claimant, Dale Frisbey, as follows: 1. On November 20, 2009, the Magistrate Judge appointed the Office

of the Federal Defender to represent Dale R. Frisbey in United States v. Frisbey et al., 2:09-CR-0513, to which the above case has been ordered related. Mr. Frisbey submitted a financial affidavit demonstrating that

he was indigent and therefore financially unable to obtain representation by counsel.

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2.

On May 5, 2010, the United States filed a verified complaint for in rem against the above property in Plumas County,

forfeiture California. 3.

Section 983(b)(1)(A) of Title 18, United States Code, provides:

If a person with standing to contest the forfeiture of property in a civil judicial forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the person is represented by counsel appointed under section 3006A of this title in connection with a related criminal case, the court may authorize counsel to represent that person with respect to the claim. 4. Pursuant to 18 U.S.C. § 983(b)(1)(A), Mr. Frisbey asks the Court the Federal Defender to represent him in the above

authorize

forfeiture case. 5. The United States has no objection to the appointment of the Since there has not been any discovery

Federal Defender as counsel.

undertaken in the case, the United States reserves the right oppose Dale Frisbey's claim and/or answer for any lack of standing on his part to contest the forfeiture of property in a civil judicial forfeiture

proceeding under a civil forfeiture statute. Respectfully submitted, DANIEL J. BRODERICK Federal Defender Dated: June 24, 2010 /s/ T. Zindel TIMOTHY ZINDEL Assistant Federal Defender Attorney for DALE R. FRISBEY BENJAMIN B. WAGNER United States Attorney Dated: June 24, 2010 /s/ S. Ang-Olson SARALYN M. ANG-OLSON Assistant U.S. Attorney -2-

S t i p . & Order

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S t i p . & Order

ORDER

Pursuant to 18 U.S.C. § 983(b)(1)(A), the Office of the Federal Defender is hereby authorized to represent Dale R. Frisbey in the above case. IT IS SO ORDERED. Dated: June 25, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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